Jharkhand High Court
Shiv Kumar Sahu vs The State Of Jharkhand on 26 August, 2025
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
( 2025:JHHC:25345-DB )
Criminal Appeal (DB) No. 145 of 2025
(Against the order dated 06.01.2025 passed by Sri Madhuresh
Kumar Verma, learned AJC-XVI-cum-Spl. Judge, NIA, Ranchi in
Misc. Criminal Application No. 3122/2024.)
Shiv Kumar Sahu, S/o Dilip Kumar Sahu, R/o Near Rania
Block Chowk, Vill- Belsinyangarh, P.O. + P.S.- Rania, Dist.-
Khunti, Jharkhand. ... Appellant
Versus
1. The State of Jharkhand.
2. National Investigation Agency, Government of India,
Ministry of Home Affairs, CTCR Division, North Block, New
Delhi, P.O.- Central Secretariat, Dist.- North Block, New
Delhi. ... Respondents
----
PRESENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
----
For the Appellant : Mr. Santosh Kumar Soni, Adv.
For the Resp.-NIA : Mr. Amit Kumar Das, Spl. P.P.
For the Resp.-State : Mr. Vishwanath Roy, Spl. P.P.
----
Dated : 26/08/2025
Per Rongon Mukhopadhyay, J. :
1. Heard Mr. Santosh Kumar Soni, learned counsel for the
appellant and Mr. Amit Kumar Das, learned Spl. P.P.-NIA.
2. This appeal is directed against the order dated 06.01.2025
passed by the learned AJC-XVI-cum-Special Judge, NIA, Ranchi
in Misc. Criminal Application No. 3122/2024 whereby and
whereunder, the prayer for bail of the appellant has been
rejected.
3. The prosecution case in brief is that the Central
Government had received information regarding arrest of Chief
of People’s Liberation Front of India (PLFI), Dinesh Gope alias
Kuldeep Yadav alias Badku alias DG alias Amarjeet Singh by the
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NIA in Case No. RC-02/2018/NIA/DLI, who during interrogation
had disclosed that cadres of PLFI are involved in generating
funds through extortion from various coal traders, transporters,
railway contractors, businessmen etc. in Jharkhand, Bihar,
Chhattisgarh and Odisha. These cadres are also conspiring to
commit various terrorist activities including attacks on security
forces, murder, arson and use of explosives/IEDs to create terror
in the society. It has been alleged that Martin Kerkatta and Durga
Singh are the Central Committee members, who now run PLFI
jointly and they along with Krishna Yadav alias Sultan are
commanding the armed squads of PLFI. The other members of
PLFI viz. Nilamber Gope, Nivesh Kumar, Kapil Pathak, Raman
Kumar Sonu alias Sonu Pandit and Nanak Singh are involved in
various anti-national/unlawful activities such as recruitment
and procurement of arms and ammunitions for PLFI apart from
collection of levy.
In compliance to the Government of India, Ministry of Home
Affairs, Order F No. 11011/81/2023/NIA dated 04.10.2023, the
National Investigation Agency, Branch Office, Ranchi had
registered RC-04/2023/NIA/RNC under Section 120B and 384
IPC, Sections 13, 17, 18, 18B and 20 of the Unlawful Activities
(Prevention) Act against 8 named accused persons and others.
4. It has been submitted by Mr. Santosh Kumar Soni, learned
counsel for the appellant that the appellant has been implicated
on the confessional statement of co-accused and no
incriminating article has been recovered from the conscious
possession of the appellant. The appellant is in custody since
16.06.2024. It has been submitted that the appellant is said to
have been involved in conspiracy and the entire facets of the case
do not prima facie make out a case for refusal of bail to the
appellant.
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5. Mr. Amit Kumar Das, learned Special P.P.-NIA has
submitted that in course of investigation it was established that
the appellant is a member of PLFI and he had transferred funds
into the account of Raman Kumar Sonu alias Sonu Pandit, who
is named in the First Information Report. The materials collected
during investigation reveals a prima facie case against the
appellant which fact has been appropriately considered by the
learned court below.
6. The name of the appellant figures in the second
supplementary charge sheet in which the appellant has been
arrayed as A-11. The role and activities of the appellant has been
depicted at para 17.52 and 17.53 of the second supplementary
charge sheet and the same reads as under:
17.52. The FIR along with the disclosure
memorandum of accused Dinesh Gope (A-
10) dated 28.05.2023 and explanation
memo dated 05.10.2023, recovery of Blank
PLFI Pamphlets established that A-11 is
cadre/member of PLFI. Pointing cura
Recovery memo dated 16.06.2024 vide
which digital devices, Blank pamphlets, note
books were recovered established that A-11
was in contact with Martin Kerketta (A-1)
and was part of conspiracy to revive and
strengthen PLFI which is engaged in reviving
extortion/collection of levy from section of
people of India especially businessmen and
contractors operating in Jharkhand and
other neighbouring states by means of
criminal force or the show of criminal force to
commit terrorist act which threaten unity,
integrity, security and sovereignty of India.
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Extracted data of digital devices of accused
Shiv Kumar Sahu (A-11) and accused Dineslı
Gope (A-10) established that A-11 forwarded
the threatening PLFI pamphlets to
contractors and business men through
WhatsApp Message from Mobile no
XXXX2357, demanding extortion and threat
for armed action if extortion is not paid. Bank
account statements, statement of protected
witnesses and photo identification memo
established that accused Shiv Kumar Sahu
(A-11) channelized the funds from
Jharkhand to Bihar and in the bank account
of a FIR named accused Raman Kumar Sonu
@ Sonu Pandit (A-7), Criminal antecedents of
the accused Shiv Kumar Sahu (A-11)
establishes his previous involvement in arms
and ammunition and unlawful assembly
related case.
17.53. Investigation has established the
involvement of accused Shiv Kumar Sahu (A-
11) along with other cadres/members of PLFI in the larger conspiracy to strengthen/revive the operations
(extortion/levy collection) by forwarding the
threatening PLFI pamphlets to section of
people of India specially businessmen and
contractors operating in Jharkhand and
channelizing the funds from Jharkhand to
Bihar in order to strengthen the presence of
PLFI in state of Jharkhand and reviving
extortion/collection of levy from section of
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people of India specially businessmen and
contractors operating in Jharkhand and
other neighbouring states by means of
criminal force or the show of criminal force to
commit terrorist act which threaten unity,
integrity, security and sovereignty of India.
7. The appellant, apart from conspiring, seems to be involved
in an active role in the banned organization and was also
responsible for transfer of various amounts. On a search made
in the premises of the appellant, several incriminating articles
were recovered. The statement of the protected witness “E” and
“F” a gist of which finds place in the second supplementary
charge sheet reveals about their identification of the appellant as
the person who got funds transferred in the SBI account of FIR
named accused Raman Kumar Sonu alias Sonu Pandit. The
accused Dinesh Gope got transferred an amount of
approximately Rs. 6 lakhs in the SBI and Axis Branch account
of protected witness “W” in the year 2023 through the appellant
and Nilamber Gope. The appellant also seems to be involved in
forwarding threatening PLFI pamphlets to various people on their
WhatsApp numbers and some of whom have been arrayed as
protected witnesses by the NIA. The connection between the
appellant and the present supremo of PLFI has also been
established. It would thus seem that the appellant was an active
member of PLFI and was involved in nefarious activities of
collection of levy, threatening the persons from whom levy was
demanded, being in contact with the erstwhile and present
supremo of PLFI and overall having an active role in the anti-
national and anti-social activities of the banned organization. A
prima facie case is made out against the appellant and the
embargo to the grant of bail which is the predominant feature of
Section 43(D)(5) of UA(P) Act will apply and consequently, we do
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not find any reason to cause interference in the impugned order
dated 06.01.2025 passed in Misc. Criminal Application No.
3122/2024 and this appeal accordingly stands dismissed.
8. Pending I.A.s, if any, stands closed.
(RONGON MUKHOPADHYAY, J.)
(PRADEEP KUMAR SRIVASTAVA, J.)
Jharkhand High Court, Ranchi
Dated the 26th Day of August, 2025
Preet/N.A.F.R.
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